M/S Amazon Distributors (P) Ltd vs Parveen on 8 June, 2026

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    Delhi District Court

    M/S Amazon Distributors (P) Ltd vs Parveen on 8 June, 2026

    DLND010015572025                                                              Page 1 of 53
    CA110/2025
    M/S AMAZON DISTRIBUTORS (P) LTD. VS. PRAVEEN
    &
    DLND010082822025
    CA 486/2025
    PRAVEEN VS. M/S AMAZON DISTRIBUTORS (P) LTD.
    
    
                IN THE COURT OF ADDITIONAL SESSIONS JUDGE-05
             NEW DELHI DISTRICT : PATIALA HOUSE COURTS : NEW DELHI
    
    
    Criminal Appeal No. 110/2025 &
    Criminal Appeal No. 486/2025
    
    In the matter of :-
    
    M/s Amazon Distributors (P) Ltd.
    143, Patparganj Industrial Area, Delhi,
    through its Authorized Representative
    Sh. Bajrang Singh Shekhawat
                                                                         ......Complainant
                                                            .....Appellant in CA 110/2025
                                                          .....Respondent in CA 486/2025
                                     (represented by Ld. Counsel Ms. Shrishti Talwar, Sh.
                               Rakesh Kumar, Sh. Ravindra Pal and Ms. Pratima Maharaj)
    Versus
    Praveen
    S/o Sh. Rishi Prakash
    R/o 94/1, 1st Floor,
    Than Singh Nagar, Anand Parvat,
    New Delhi-110005
                                                                      ......Accused/Convict
                                                           .....Respondent in CA 110/2025
                                                             .....Appellant in CA 486/2025
                                       (represented by Ld. Counsel Sh. H.M. Gauracharya)
    
                     IN CRIMINAL APPEAL No. 110/2025 U/s 415 BNSS
    
                   Date of institution                        :      19.04.2025
                   Date when judgment reserved                :      26.05.2026
                   Date of Judgment                           :      08.06.2026
     DLND010015572025                                                             Page 2 of 53
    CA110/2025
    M/S AMAZON DISTRIBUTORS (P) LTD. VS. PRAVEEN
    &
    DLND010082822025
    CA 486/2025
    PRAVEEN VS. M/S AMAZON DISTRIBUTORS (P) LTD.
    
    
                     IN CRIMINAL APPEAL No. 486/2025 U/s 415 BNSS
    
                   Date of institution                       :      06.10.2025
                   Date when judgment reserved               :      26.05.2026
                   Date of Judgment                          :      08.06.2026
    
                                COMMON JUDGMENT
    

    1. INTRODUCTION

    1.1. The law of negotiable instruments, at its heart, is a law about
    reliability. It is built on the premise that a signed cheque, delivered from
    one hand to another, carries with it the implicit promise of a solvent
    drawer: I stand behind this instrument; when presented, it will be
    honoured. That promise, when broken, is not merely a financial
    disappointment — it is a breach of the social compact of commerce.
    Chapter XVII of the Negotiable Instruments Act, 1881, was introduced
    precisely to address this breach, to place behind the humble cheque
    the coercive weight of criminal sanction, and to say to the world of
    commerce: the word of a drawer, made tangible in paper and ink and
    the stamp of a bank, shall not be lightly repudiated.

    SPONSORED

    1.2. But the genius of Chapter XVII — and particularly of Section 138
    NI Act — lies not only in its penal provisions. It lies equally in its
    architecture of presumptions. Section 118(a) NI Act presumes, until the
    contrary is proved, that every negotiable instrument was made for
    consideration. Section 139 NI Act presumes, unless the contrary is
    proved, that the holder of the cheque received it for the discharge of any
    debt or other liability. These presumptions are not soft suggestions that
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    PRAVEEN VS. M/S AMAZON DISTRIBUTORS (P) LTD.

    a court may apply at will — they are mandatory, peremptory, and
    operate as soon as the execution of the cheque by the accused is
    established. They represent Parliament’s considered judgment, upon
    decades of experience, that the issuance of a cheque is virtually never
    an innocent act, and that he who issues one and then dishonours it must
    explain himself.

    1.3. The case before this Court is, at its most fundamental, a case about
    a man who chose not to explain himself. Not coherently. Not on oath.
    Not with any evidence. Not by confronting the documentary evidence
    against him. Instead, the accused chose to put forward a story — by
    turns fanciful, self-contradictory, and chronologically impossible —
    while simultaneously declining to enter the witness box to swear to it.
    He chose to press his counsel to attack the complainant’s inability to
    produce invoices, while ignoring the colossal elephant in the room: his
    own handwritten, witnessed, exhibited, and unchallenged admission
    letter, Exhibit CW1/5, in which he told his employer, in unambiguous
    terms, that he had committed a fraud and that the seventeen cheques —
    drawn from his own accounts and from his wife’s account — were being
    issued to discharge that admitted liability.

    1.4. Before this Court have come two cross-appeals — one filed by the
    complainant Ms. Amazon Distributors Pvt. Ltd. challenging the order
    on sentence dated 22.01.2025, and the other by the convict-accused Sh.
    Parveen challenging the judgment of conviction dated 18.12.2024 —
    both arising from proceedings in Complaint Case under Section 138 of
    the Negotiable Instruments Act, 1881, tried by Ld. JMFC NI Act-01,
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    PHC, New Delhi. For the reasons set out at length hereinafter, both
    appeals are dismissed, subject to a specific modification of the trial
    court’s direction on concurrency of in-default imprisonments, which
    this Court is constrained to hold is legally untenable and must be
    corrected

    2. BRIEF FACTS OF THE CASE

    2.1. Ms. Amazon Distributors Pvt. Ltd. (hereinafter “the complainant
    company”) is a private limited company incorporated under the
    Companies Act and engaged in the distribution of products of Kellogg’s
    and P&G. The accused, Sh. Parveen, was admittedly employed by the
    complainant company as a Sales Executive with effect from 06.10.2018
    at a monthly salary of Rs. 14,559/-. His appointment letter is exhibited
    as Ex. CW1/4 (OSR), and the accused himself admitted this document
    when his statement under Section 313 Cr.P.C. was recorded. His job
    description was clear and limited: to get orders from customers, ensure
    delivery of booked goods to customers, collect payment from
    customers, and deposit payments with the complainant company. This
    is the admitted backdrop against which the fraud unfolded.

    2.2. The modus operandi of the fraud. According to the case of the
    complainant — which is substantially admitted in the confession of the
    accused himself — the accused, in league with co-employees Ms.
    Megha, Mr. Rajeev Saini, Mr. Anil Goel, and Mr. Chintu Giri, embarked
    on a systematic scheme of fraud. The scheme operated in interlocking
    steps:

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    A) Step 1: The accused would book fictitious orders in the names of
    different customers — orders that no customer had in fact placed.

    B) Step 2: Pursuant to these fictitious orders, the complainant company
    would generate invoices and dispatch goods, which the accused
    would divert to his own godown rather than deliver to the customers.

    C) Step 3: To create the appearance of legitimate delivery, the accused
    would affix forged rubber stamps of the customers on the invoices
    of delivered goods — stamps he had procured or fabricated —

    thereby making it appear that the goods had been received by the
    customers.

    D) Step 4: When the fictitious credit period expired and the complainant
    company expected to receive cheques from the ostensible customers,
    the accused would produce his own personal cheques and his wife
    Smt. Sushma’s cheques, bearing the forged stamps of the customers
    on their reverse, thus substituting himself and his wife for the
    customers in the chain of payment.

    2.3. By this scheme, the accused defalcated from the complainant
    company a total sum of Rs. 22,24,019/-. More significantly — and this
    is the fact upon which this judgment shall return repeatedly — the
    accused himself, in his own handwriting, in the admission letter dated
    07.07.2019 (Exhibit CW1/5), acknowledged that he had cheated a sum
    of Rs. 23,64,091/-, out of which goods worth Rs. 2,23,000/- were
    recovered.

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    PRAVEEN VS. M/S AMAZON DISTRIBUTORS (P) LTD.

    2.4. In partial discharge of the aforesaid admitted liability, the accused
    issued cheque bearing No. 000033, dated 08.07.2019, for a sum of
    Rs. 93,273/- (Rupees Ninety Three Thousand Two Hundred and
    Seventy-Three only) drawn on Kotak Mahindra Bank Ltd., 51/1, D.B.
    Gupta Road, Karol Bagh, New Delhi-110005, in favour of the
    complainant company (Ex. CW1/6). When this cheque was presented
    for encashment at Citi Bank, DLF Capital Point, Baba Kharak Singh
    Marg, New Delhi, it was returned dishonoured vide cheque return
    memo dated 16.07.2019 (Ex. CW1/7) with the unambiguous remark:

    “Funds Insufficient.”

    2.5. Upon dishonour, the complainant company issued a legal demand
    notice under Section 138 NI Act (Ex. CW1/9 (Colly)), which was duly
    served upon the accused. The postal receipts and courier receipts stand
    as Ex. CW1/10 (Colly). The accused, in his statement under Section
    251
    Cr.P.C. as well as in his Section 313 Cr.P.C. statement, admitted
    that his address was correctly mentioned in the notice. No payment was
    made within the statutory period of fifteen days from service of the
    notice. Consequently, the complainant company filed a complaint under
    Section 138 NI Act.

    2.6. The gravity of the present case is best appreciated in its full context.
    The complainant company filed a total of 17 complaint cases under
    Section 138 NI Act against the accused Sh. Parveen and his wife Smt.
    Sushma in connection with 17 dishonoured cheques aggregating to
    approximately Rs. 22 lacs. The cheques were drawn both from accounts
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    held in the name of Sh. Parveen and from accounts in the name of his
    wife, Smt. Sushma.

    3. PROCEEDINGS BEFORE THE TRIAL COURT

    3.1. Pre-summoning stage: The complaint was filed before the competent
    Magistrate supported by a pre-summoning affidavit of Sh. Bajrang
    Singh Shekhawat, Finance Manager and Authorised Representative
    (AR) of the complainant company. Upon prima facie consideration of
    the pre-summoning evidence, the accused was summoned.

    3.2. Notice under Section 251 Cr.P.C. — 23.01.2023: Upon the
    appearance of the accused, notice under Section 251 Cr.P.C. was served
    upon him on 23.01.2023. The accused pleaded not guilty and stated his
    defence in the following terms:

    “The cheque in question belongs to me and bears my signatures. No other
    particular on the cheque in question has been filled by me. It was issued as a
    blank signed security cheque in favour of the complainant company when I
    was appointed as sales executive of the complainant company. My task was
    to pick up the order from the market/shopkeepers and deliver the same to the
    complainant. I had duly complied with the same and given all the
    orders/goods to the complainant company and hence, I do not owe any
    liability towards them. The fact of dishonour of the cheque is within my
    knowledge. I did not receive the legal demand notice, however, my address
    has been correctly mentioned therein. The complainant company has also kept
    my Activa scooty with them as security which they are not releasing despite
    repeated requests.”

    This statement at the Section 251 stage is important for several reasons
    that this Court shall address in detail. It is the first formal articulation
    of the defence of the accused, and it shall be compared carefully with
    his subsequent statements and with the documentary evidence on
    record.

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    PRAVEEN VS. M/S AMAZON DISTRIBUTORS (P) LTD.

    3.3. Admission and Denial under Section 294 Cr.P.C. — 23.01.2023: On
    the same date, admission and denial of documents under Section 294
    Cr.P.C. was conducted. The accused made the following statement:

    “Without prejudice to my other defence and contentions which can be raised
    during the course of trial and other proceedings, I do not dispute the
    genuineness and correctness of the cheque in question and bank return memo.
    Rest of the documents are denied. I further have no objection if the witnesses
    at serial no. 2 & 3 are dropped as a witness from the list of witnesses.”

    Three things are of critical evidentiary significance in this statement:

    A) The accused admitted the cheque (Ex. CW1/6) and bank return
    memo (Ex. CW1/7). This admission triggers the mandatory statutory
    presumptions under Sections 118(a) and 139 NI Act.

    B) The accused denied “rest of the documents” — which would include
    Ex. CW1/5, the admission letter. However, this denial was without
    prejudice and before the examination-in-chief. Crucially, when Ex.

    CW1/5 was later produced in original before the court and tendered
    in evidence by CW-1, no objection to its exhibition was raised by
    the defence. The document was duly exhibited as Ex. CW1/5 (OSR)

    — and the denial at the Section 294 stage, without any subsequent
    challenge to its exhibition, is of no avail to the accused.

    C) The accused raised no suggestion whatsoever — at this stage or at
    any subsequent stage during the cross-examination of CW-1 — that
    Ex. CW1/5 was signed under coercion.

    3.4. Examination-in-chief of CW-1: The AR of the complainant
    company, Sh. Bajrang Singh Shekhawat, Finance Manager, appeared
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    before the court and tendered his post-summoning evidence by way of
    affidavit (Ex. CW1/X). He relied upon the following documents:

    A) Complaint — Ex. CW1/Y.

    B) Certificate of Incorporation — Ex. CW1/1 (OSR).

    C) Board Resolution/Minutes of Meeting — Ex. CW1/2.

    D) Copy of DL of AR — Ex. CW1/3 (OSR).

    E) Appointment letter of accused — Ex. CW1/4 (OSR)(Colly).

    F) Admission letter dated 07.07.2019 — Ex. CW1/5 (OSR).

    [PIVOTAL DOCUMENT]

    G) Original cheque — Ex. CW1/6.

    H) Bank return memo — Ex. CW1/7.

    I) Police complaints — de-exhibited, Mark CW1/8 (Colly).

    J) Legal demand notice — Ex. CW1/9 (Colly).

    K) Postal/courier receipts — Ex. CW1/10 (Colly).

    L) Tracking report — de-exhibited, Mark CW1/11.

    It must be noted, and noted with emphasis, that Ex. CW1/5 — the
    admission letter dated 07.07.2019 — was produced in original before
    the court, was duly exhibited, and no objection to its exhibition was
    raised by the defence counsel Sh. H.M. Gauracharya, who was present
    throughout.

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    3.5. Cross-examination of CW-1: The cross-examination of Sh. Bajrang
    Singh Shekhawat commenced on 03.08.2023 and was conducted
    extensively by Ld. Counsel for the accused, Sh. H.M. Gauracharya. The
    following material admissions were elicited and the following positions
    were put:

    A) The AR admitted: “No allegedly fake invoice/order is on record.”

    [He immediately volunteered: “It is wrong to suggest that no fake
    invoice/order is on record as the accused never placed such an order
    against which a fake invoice was generated.”]

    B) The AR admitted: “It is correct that the fake invoices have been
    mentioned while filing the GST return.” He was then asked to
    produce the GST return records but stated he would need to check
    and revert.

    C) The AR stated: “We maintain the records of our salesman. Our
    company used to take written orders from the customers and the
    goods were supplied thereafter. We have not received written
    purchase order from the accused.” He then explained that orders
    were placed through an invoice diary and processed online.

    D) The AR admitted: “We do not maintain specific stock/inventory
    register regarding the accused.”

    E) The AR admitted: “We had maintained separate ledger qua the
    accused.”

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    F) When asked to tell the particular invoice against which the cheque
    in question was issued, the AR replied: “I cannot tell. I will have to
    check the record and revert back on the NDOH.”

    G) When asked to produce relevant invoices, the AR stated he could
    check and revert on the NDOH.

    H) The cross-examination was then deferred for want of GST return
    records and invoices.

    This Court pauses here to note, most emphatically, that throughout
    the entire cross-examination of 03.08.2023 — despite the extensive
    and vigorous questioning — not a single question was put to CW-1
    regarding Exhibit CW1/5. Not a word. Not an oblique reference. Not
    a suggestion that this document was obtained by keeping the accused
    in the office till midnight. Not a suggestion that it was signed under
    coercion or pressure. The entire cross-examination was directed
    elsewhere.

    3.6. On the Second date of cross-examination of CW-1 — 16.09.2023,
    the following material evidence emerged:

    A) “It is correct that the payment against the goods delivered is made
    after the delivery.”

    B) “There is no register/record maintained by the complainant
    company for the goods delivered on day to day basis.”

    C) “It is correct that no details regarding the particular invoice against
    which the cheque in question has been disclosed in the complaint.”

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    D) “The complainant company had duly verified the stamp on the
    cheque in question with the concerned firm which had intimated us
    that the said stamps were fake.” [When asked for the names of the
    employees of those firms, he stated he would need to check the
    record.]

    E) “The invoices have been generated in the name of concerned firms
    whose stamps are affixed on each cheque in question.”

    F) “I could not produce the GST return record and invoices against
    the cheque in question as the office of the complainant company is
    in the process of relocation.”

    G) “The Activa two-wheeler (DL-6SAU-6094 Majestic brown colour)
    owned by the accused was left by him in the premises of the
    complainant company and is still parked there. (Vol. Accused
    never came to take back his vehicle.)”

    H) “Within 2-3 days of coming to know about the fraud committed by
    the accused, we had lodged a complaint at PS Dwarka.”

    Again, and this Court emphasises it for the second time: throughout
    the entire cross-examination of 16.09.2023, there is not a single
    question to CW-1 about Exhibit CW1/5. Not one.

    3.7. CW-1 was recalled a third time for his cross examination and the
    following material admissions/denials were recorded:

    A) The AR admitted that a complaint bearing DD No. 46B dated
    11.07.2019 was filed by him on behalf of the complainant company
    against the accused.

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    B) “It is wrong to suggest that the complaint was filed by me without
    any ground or sufficient cause.”

    C) “It is wrong to suggest that when the accused was kept on
    employment, the complainant company had got a separate account
    opened in the name of the accused and has taken cheques drawn on
    the same account with the promise that when the accused will
    leave the employment, the cheques will be returned back to him.”

    D) “It is wrong to suggest that the accused has honestly rendered his
    service to the complainant company.”

    E) “It is correct that the scooty (Honda Activa) of the accused is lying
    within the complainant’s custody at Uttam Nagar Branch. (Vol. The
    accused has never come to take over the possession of the said
    vehicle.)”

    F) “It is wrong to suggest that the complainant company has misused
    the cheque in question against the accused.”

    G) “It is wrong to suggest that I am deposing falsely.”

    The evidence of CW-1 was thereafter closed on 19.07.2024.

    And again, for the third time, there is not one question, not one
    suggestion, not one challenge to Exhibit CW1/5. The entire cross-
    examination, spread over three dates spanning almost a year, is
    utterly silent on the most important document in the case.

    3.8. Statement under Section 313 Cr.P.C. read with Section 281 Cr.P.C.

    — 18.09.2024: All the incriminating evidence was put to the accused
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    and he was asked to explain it. His statement, recorded without oath, is
    of extraordinary importance and must be reproduced in material part:

    “I was the Sales Executive of the complainant company. I admit my
    appointment letter which is Ex.CW1/4. My duties were only to get orders
    from the customers. My duties did not include delivery of goods and
    collection of payment.

    The cheque in question belongs to me and bears my signature. No other
    particular apart from the signatures have been filled by me. It was issued as
    a blank signed security cheque at the inception of business relationship
    between the parties with a promise that the cheques will be returned back to
    me at the end of the business relationship. I do not owe any liability to the
    tune of the cheque amount towards the complainant. The fact of dishonour
    of the cheque is within my knowledge. I did not receive the legal demand
    notice, however, my address mentioned therein is correct.
    Ex.CW1/5 was written by me under coercion and pressure imposed by the
    complainant. I was made to stay back in the office of the complainant till 12
    in the night. I was also made to sign on some blank papers.
    Q2. Do you wish to lead DE? Ans. No.”

    3.9. No defence evidence led: After the closure of the complainant’s
    evidence, the accused was given the opportunity to lead defence
    evidence. He declined. He did not enter the witness box. He did not
    produce a single document. He did not summon a single witness. The
    case was posted for final arguments.

    3.10. Final Arguments and Judgment: Final arguments were heard and
    vide judgment dated 18.12.2024, the Ld. Trial Court convicted Sh.
    Parveen under Section 138 NI Act. The matter was then posted for
    arguments on sentence. Vide order on sentence dated 22.01.2025, the
    Ld. Trial Court directed the accused to pay a fine of Rs. 1,20,000/-
    (Rupees One Lakh and Twenty Thousand only) to the complainant as
    compensation within 90 days under Section 357(3) Cr.P.C., with default
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    imprisonment of 04 months, directed to run concurrently across all 16
    connected cases.

    4. THE IMPUGNED JUDGMENT AND ORDER ON SENTENCE

    4.1. The Conviction — Judgment dated 18.12.2024

    A) The Ld. Trial Court set out the six essential ingredients of Section
    138
    NI Act with precision: (1) drawing of the cheque by the accused;
    (2) the cheque being drawn on an account maintained by the
    accused; (3) issuance of the cheque for discharge of a legally
    enforceable debt or liability; (4) presentment for encashment; (5)
    dishonour with the relevant endorsement; and (6) failure to pay
    within 15 days of service of a legal demand notice.

    B) The Ld. Trial Court noted the admission of signatures by the
    accused, which automatically triggered the presumptions under
    Sections 118(a) and 139 NI Act, citing Bir Singh v. Mukesh Kumar,
    (2019) 4 SCC 197.

    C) After a comprehensive analysis of all evidence, the Ld. Trial Court,
    in a key finding at para 30 of the judgment, observed:

    “There is nothing placed on record by the accused to show as to how
    several cheques almost 17 in number were given as security cheques to
    the complainant. Further there is nothing proved by accused to rebut that
    the alleged cheating/fraud was not committed by the accused. The
    accused has also failed to examine persons mentioned by the
    complainant as co-conspirators in order to prove his case. The accused
    has also not put on record anything to show that he has complained
    about the alleged misuse of the cheque in question by the complainant.
    With regard to the admission letter which is Ex CW1/5, the accused has
    only made a vague assertion that it was signed by him under coercion
    and undue pressure of the complainant but he has failed to lead any
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    cogent evidence as to why he remained silent and not made any
    complaint after such conduct of the complainant.”

    D) At para 31, the Ld. Trial Court recorded its conclusion:

    “The entire defence of the accused is nothing but a set of bald, vague
    and self-contradictory assertions put together which are unsubstantiated
    by any cogent or reliable evidence. His oral assertions stand rebutted by
    documentary evidence brought forth on behalf of the complainant.”

    E) At para 32-33, the Ld. Trial Court concluded:

    “Consequently, this court has come to an irresistible conclusion that
    the accused has failed to rebut the mandatory presumptions as per law
    and tilt the scales in his favour, even on a scale of preponderance of
    probabilities, while the complainant has clearly succeeded in proving
    his case beyond reasonable doubt. In view of the aforesaid discussion,
    this court finds the accused Parveen S/o Sh. Rishi Prakash guilty of the
    offence under Section 138 Negotiable Instruments Act, 1881 and
    convicts him accordingly.”

    4.2. The Order on Sentence — 22.01.2025

    A) Vide order on sentence dated 22.01.2025, after hearing arguments
    from both sides, the Ld. Trial Court imposed a fine of Rs. 1,20,000/-
    (Rupees One Lakh and Twenty Thousand only) to be paid to the
    complainant as compensation within 90 days under Section 357(3)
    Cr.P.C., relying upon R. Vijayan v. Baby, (2012) 1 SCC 260; Meters
    & Instruments Pvt. Ltd. v. Kanchan Mehta
    , (2018) 1 SCC 560; and P.
    Mohanraj v. Shah Brothers Ispat Pvt. Ltd.
    , (2021) 6 SCC 258. No
    substantive imprisonment was imposed. Default imprisonment of 04
    months was prescribed, with the direction that the same shall run
    concurrently in all 16 connected cases.

    B) Against this judgment and order on sentence, both the present
    appeals have been filed.

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    5. THE TWO CROSS-APPEALS

    As this Court has already noted, two appeals stand before it — both
    directed against the aforesaid judgment and order on sentence — one by
    each party. The complainant says the punishment is too lenient and the
    conviction too mild in its consequences. The convict says the conviction
    itself is wrong. This Court takes them up seriatim.

    6. APPLICATIONS FOR CONDONATION OF DELAY — ALLOWED IN

    BOTH APPEALS

    6.1. The limitation period for filing a criminal appeal under Section 415
    BNSS (corresponding to Section 374 Cr.P.C.) is 30 days from the date
    of the order appealed against. Both appeals have been filed with a delay
    for which applications under Section 430 BNSS have been preferred.

    6.2. The complainant’s application for condonation of delay explains that
    the certified copy of the order was applied for on 15.02.2025 and was
    delivered on 27.02.2025. The period from the date of application for the
    certified copy to its delivery is therefore liable to be excluded under the
    relevant provisions of limitation law, and the residual delay, if any, is
    minimal and explicable.

    6.3. As regards the accused’s appeal, the delay is similarly explainable in
    the context of obtaining legal advice and a certified copy of the order.

    6.4. It is settled law that in criminal matters, courts must adopt a justice-
    oriented approach to the question of condonation of delay. The Hon’ble
    Supreme Court in N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC
    123, reiterated that refusing to condone delay can result in a meritorious
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    matter being thrown out at the very threshold, causing injustice to the
    parties. In Collector, Land Acquisition v. Mst. Katiji, (1987) 2 SCC 107,
    the principle was stated as follows: “The purpose of providing a
    period of limitation is to compel the applicant to seek remedy without
    delay. It was never intended that the court, while being just to the
    successful party, should be unjust to the party who has not been able
    to approach the court on account of some difficulty.” The Hon’ble
    Supreme Court further held that ordinarily, a mistake of counsel or party
    ought not to be visited upon the litigant.

    6.5. In the present case, this Court finds sufficient cause for the delay in
    both appeals. The applications for condonation of delay in both appeals
    are accordingly allowed. The delay is condoned and both appeals are
    admitted for hearing on merits.

    7. CRIMINAL APPEAL NO. 110/2025 — THE COMPLAINANT’S

    APPEAL — ITS PARTIAL MAINTAINABILITY AND MERITS

    7.1. The Prayer and the Scope of the Complainant’s Appeal

    The prayer in the complainant’s appeal is specific: it seeks setting aside
    of the order on sentence dated 22.01.2025 and prays that the accused be
    punished “with rigorous maximum imprisonment as provided for the
    offence and double of the cheque amount.” The complainant’s grounds
    of appeal can be summarised as:

    A) The accused is a habitual offender, convicted in all 16 connected
    cases, and no imprisonment has been awarded.

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    B) The deterrent purpose of Section 138 NI Act demands imprisonment
    for a person who has orchestrated such a large-scale systematic
    fraud.

    C) The direction for concurrent running of in-default imprisonment is
    against the provisions of Section 31 Cr.P.C., as the cases are separate
    trials.

    D) If the accused chooses to undergo 04 months of default
    imprisonment rather than pay the fine in all 16 cases, the appellant
    would suffer irreparable loss.

    E) The prayer for maximum rigorous imprisonment is thus the core of
    the appeal.

    7.2. The Legal Framework — Section 372 Cr.P.C. / Section 413 BNSS

    A) The question of maintainability is the threshold that must be crossed
    before merits can be examined. Section 372 Cr.P.C. provides that no
    appeal shall lie from any judgment or order of a criminal court
    except as provided for by the Code. The proviso to Section 372, as
    also the corresponding proviso to Section 413 BNSS, reads:

    “Provided that the victim shall have a right to prefer an appeal against
    any order passed by the Court acquitting the accused or convicting for a
    lesser offence or imposing inadequate compensation.”

    B) The three grounds upon which a victim may appeal are thus
    exhaustively specified:

    i. acquittal of the accused;

    ii. conviction for a lesser offence; and
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    iii. imposition of inadequate compensation.

    C) The right to challenge inadequate substantive sentence — i.e.,
    imprisonment — is conspicuously absent from this list. This absence
    is deliberate. The Legislature has vested the power to seek
    enhancement of sentence in the State Government, exercisable under
    Section 377 Cr.P.C. (Section 419 BNSS). The victim has no such
    right.

    7.3. The Authoritative Position of Law

    A) The Hon’ble Division Bench of the Delhi High Court, in Pravinder
    Kansal v. State (NCT of Delhi
    ), 2019 SCC OnLine Del 11508
    decided on 27.11.2019, categorically held that an appeal by the
    victim under Section 372 Cr.P.C. is not maintainable if it challenges
    the order on sentence on the ground that it imposes inadequate
    punishment (as distinct from inadequate compensation).

    B) The Hon’ble Full Bench of the Delhi High Court, as affirmed by the
    Hon’ble Supreme Court in Parvinder Kansal v. State of NCT of
    Delhi
    , AIR 2020 SC 4044, settled the law definitively. The relevant
    observations are to the effect that:

    i. The proviso to Section 372 Cr.P.C. grants the victim a narrow,
    defined right of appeal.

    ii. The three grounds in the proviso are exhaustive.

    iii. Challenging the inadequacy of punishment/sentence falls outside
    the victim’s right of appeal under Section 372.

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    iv. The State’s right to seek enhancement of sentence under Section
    377
    Cr.P.C. is distinct from, and cannot be substituted for, the
    victim’s right under Section 372.

    C) The corresponding provision under BNSS, Section 413, reproduces
    the same proviso verbatim. The legal position is therefore equally
    applicable under the BNSS.

    D) Decision on Maintainability — and the Exceptional Maintainability

    as to Compensation

    i. Applying the above-stated position of law, this Court holds that
    the appeal filed by the complainant is NOT MAINTAINABLE to
    the extent it seeks enhancement of substantive sentence or
    imposition of rigorous imprisonment. The prayer as framed —
    seeking “rigorous maximum imprisonment” — falls squarely
    outside the three grounds enumerated in the proviso to Section
    372
    Cr.P.C./Section 413 BNSS.

    ii. However, the appeal is MAINTAINABLE to the limited extent it
    may be construed as challenging the adequacy of compensation.
    The proviso expressly and unambiguously preserves the right of
    the victim to appeal against “imposition of inadequate
    compensation.” In a Section 138 NI Act case, the fine imposed
    under Section 357(3) Cr.P.C. as compensation is precisely the
    kind of “compensation” that the proviso contemplates.

    iii. To this limited extent, the appeal is entertainable. The question is
    whether the compensation awarded is inadequate.

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    E) On the Merits of Compensation — No Interference Warranted

    i. The Ld. Trial Court imposed compensation of Rs. 1,20,000/-
    (Rupees One Lakh and Twenty Thousand only) in the present
    case, relating to a cheque of Rs. 93,273/-. The compensation of
    Rs. 1.20 lakhs is within the range of reason.

    ii. The object of compensation under Section 357 Cr.P.C. is
    restitution — to make the complainant whole insofar as possible.
    The Hon’ble Supreme Court in R. Vijayan v. Baby, (2012) 1 SCC
    260, underscored that the primary purpose of Section 138 NI Act
    is restitutive and compensatory.
    In Meters & Instruments Pvt.
    Ltd. v. Kanchan Mehta
    , (2018) 1 SCC 560, the Court further
    reinforced the compensatory dimension, holding that the object
    is to compensate the payee.

    iii. The complainant’s appeal is accordingly dismissed — it is not
    maintainable insofar as it seeks enhancement of substantive
    sentence, and on the question of adequacy of compensation, this
    Court finds no ground to interfere with the Ld. Trial Court’s order.

    7.4. Illegality Of Concurrent In-Default Imprisonment

    A) Before proceeding to consider the accused’s appeal, this Court is
    constrained to take up a specific and fundamental illegality in the
    order on sentence that must be corrected irrespective of the outcome
    of the appeals. This is a matter of law that goes to the correctness of
    the order, and this Court’s appellate jurisdiction necessarily
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    encompasses the correction of such legal errors, whether or not
    specifically raised by the parties.

    B) The Ld. Trial Court, in its order on sentence dated 22.01.2025, after
    imposing a fine, directed:

    “…in default of payment of the above stated fine, convict shall undergo
    simple imprisonment for 04 months. The default imprisonment shall
    run concurrently in CC No. 7589/2019, 12769/2019, 12770/2019,
    12898/2019, 12899/2019, 12917/2019, 12918/2019, 12919/2019,
    13119/2019, 13120/2019, 13121/2019, 13122/2019, 13123/2019,
    13124/2019, 14643/2019, 14644/2019.”

    C) The Error: The direction that in-default imprisonments shall run
    concurrently across 16 separate and distinct cases is contrary to law.
    The provisions governing concurrency of sentences — Section 427
    Cr.P.C. (Section 468 BNSS) — apply to substantive sentences of
    imprisonment awarded upon conviction. In-default imprisonment
    for non-payment of fine is an entirely distinct creature of law,
    governed by Section 64 IPC (Section 63 BNS). It is not a substantive
    sentence; it is a coercive mechanism, a statutory whip that comes
    into play only upon the accused’s failure to pay the specific fine in a
    specific case.

    D) The Rationale: The logic is inescapable. Suppose the accused is
    convicted in 16 cases and a fine is imposed in each. Upon non-
    payment of each fine, he is liable to undergo default imprisonment
    in each case. If the in-default imprisonments are permitted to run
    concurrently, then by undergoing a single period of 04 months, the
    accused simultaneously “satisfies” all 16 defaults — but the fines in
    15 out of 16 cases remain entirely unpaid. The complainant, who is
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    entitled to compensation in each of those 15 cases, receives nothing.
    The provision for fine/compensation in 15 cases becomes a dead
    letter. This is manifestly absurd, contrary to the legislative intent of
    Section 138 NI Act, and cannot be what the law contemplates.

    E) The Legal Position: The Hon’ble Supreme Court has repeatedly held
    in unequivocal terms that imprisonment in default of payment of fine
    cannot be directed to run concurrently because such default
    sentences are not substantive sentences for the purpose of Section
    427
    Cr.P.C. Each in-default imprisonment is the enforcement
    consequence of a distinct unpaid fine in a distinct case. The
    satisfaction of one does not, and legally cannot, satisfy the others.

    F) It is pertinent to also note Ground (vi) of the complainant’s appeal,
    which specifically raised this issue:

    “The Ld. Trial Court has punished the accused in case of default of
    payment of ordered amount for a period of 4 months and that too to run
    concurrently in all 16 cases which is against the provisions of Section 31
    of Cr.P.C which specifically dealt with: ‘Sentence in cases of conviction
    of several offences at one trial’.”

    G) The complainant’s counsel has correctly identified the error in the
    approach adopted in the impugned order. Section 31 of the Code of
    Criminal Procedure, 1973 (corresponding to Section 6 of the
    Bharatiya Nagarik Suraksha Sanhita, 2023) applies only when an
    accused is convicted of two or more offences at one trial. In the
    present matter, there were 16 separate complaint cases that were
    tried separately. Consequently, Section 31 Cr.P.C. / Section 6 BNSS
    has no application even to the substantive sentences, much less to
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    the sentences of imprisonment imposed in default of payment of
    fine.

    H) Even in a case where multiple offences are tried together in a single
    trial, the Hon’ble Supreme Court has authoritatively settled the legal
    position that sentences of imprisonment in default of payment of fine
    cannot be directed to run concurrently. The principle enunciated in
    Sharad Hiru Kolambe v. State of Maharashtra 2018 INSC 852,
    squarely applies. The relevant portions of the said judgment are
    reproduced below for ready reference:

    “…We make it clear that the direction regarding concurrent running of
    sentence shall be limited to the substantive sentence only. The sentence
    which the Appellant has been directed to undergo in default of
    payment of fine/compensation shall not be affected by this direction. We
    do so because the provisions of Section 427 Code of Criminal Procedure
    do not, in our opinion, permit a direction for the concurrent running of
    the substantive sentences with sentences awarded in default of payment
    of fine/compensation.”

    I) From paragraph 13 of the judgment:

    “If the term of imprisonment in default of payment of fine is a penalty
    which a person incurs on account of non-payment of fine and is not a
    sentence in strict sense, imposition of such default sentence is
    completely different and qualitatively distinct from a substantive
    sentence. … Theoretically, if the default sentences awarded in respect of
    imposition of fine in connection with two or more offences are to be
    clubbed or directed to run concurrently, there would not be any occasion
    for the persons so sentenced to deposit the fine in respect of the second
    or further offences. It would effectively mean imposition of one single
    or combined sentence of fine. Such an exercise would render the very
    idea of imposition of fine with a deterrent stipulation while awarding
    sentence in default of payment of fine to be meaningless. … It is
    precisely for this reason that unlike Sections 31 and 427 of the Code,
    which specifically empower the concerned court to direct concurrent
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    running of substantive sentences, Section 64 of the Indian Penal Code
    does not stipulate such discretion. The language of said Section 64 rather
    mandates that the sentence awarded for non-payment of fine
    ‘imprisonment shall be in excess of any other imprisonment to which he
    may have been sentenced or to which he may be liable under a
    commutation of a sentence’. Similar is the intent in Sections 30, 428 and
    429(2) of the Code as discussed above. The rigour of the provisions is
    such that even if a person gets the benefit of commutation of a sentence,
    the sentence in default of payment of fine shall be in excess or in
    addition.”

    J) The Hon’ble Supreme Court further observed that the rigour of the
    statutory provisions (Sections 64 IPC, 30, 428 and 429(2) Cr.P.C.) is
    such that the default sentence is required to be undergone in excess
    of or in addition to the substantive sentence. The Full Bench decision
    of the Madras High Court in Donatus Tony Ikwanusi v. The
    Investigating Officer, NCB
    , (2013) 1 MWN (Cr.) 175 (FB), holding
    that there cannot be concurrent running of more than one default
    sentence, was also approved.

    K) In view of the settled position of law laid down in Sharad Hiru
    Kolambe
    (supra), the sentences of imprisonment in default of
    payment of fine imposed in each of the 16 separate complaint cases
    shall run consecutively. The aggregate period of such default
    imprisonment shall be the sum total of the default periods awarded
    in respect of each individual case. No direction for concurrent
    running of the default sentences is legally permissible.

    L) Modification: Accordingly, the direction of the Ld. Trial Court that
    the in-default imprisonment of 04 months shall run concurrently in
    all 16 connected cases is SET ASIDE AND MODIFIED. The in-

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    default imprisonment of 04 months in each case shall run
    CONSECUTIVELY and not concurrently. Each in-default
    imprisonment of 04 months is referable to the non-payment of the
    specific fine in its respective case, and shall be served out separately,
    one after the other. If the fine in any case is paid, the corresponding
    in-default imprisonment for that case is discharged. But the in-
    default imprisonment in one case cannot discharge the obligation to
    pay the fine — and thus cannot discharge the in-default
    imprisonment — in any other case.

    8. CRIMINAL APPEAL NO. 486/2025 — THE ACCUSED’S APPEAL —

    DISMISSED ON MERITS

    8.1. Standard of Review in Appellate Proceedings

    A) Before marshalling the evidence, this Court notes the settled position
    on the scope of appellate review. An appellate court does not hear
    the matter de novo. It examines whether the trial court has: (a)
    correctly identified the applicable law; (b) correctly appreciated the
    evidence; (c) drawn correct inferences from admitted or proved
    facts; and (d) arrived at a conclusion that is not perverse or against
    the weight of evidence. In Chandrappa v. State of Karnataka, (2007)
    4 SCC 415, the Hon’ble Supreme Court laid down that while the
    appellate court has full power to review the evidence, it must bear in
    mind that the trial court had the advantage of seeing and hearing the
    witnesses, and should not interfere with findings merely because it
    would have weighed the evidence differently.

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    B) Applying this standard, this Court has carefully reviewed the entire
    evidence and finds the conclusion of the Ld. Trial Court to be not
    only correct but compelling and irresistible. If anything, the
    evidence against the accused is stronger and more decisive than the
    trial court’s restrained language suggests.

    8.2. The Marshalling Of Evidence

    This Court now proceeds to marshal all the evidence — for and against
    the accused — systematically, before returning a finding.

    A) Evidence for the Prosecution (Complainant)

    i. Exhibit CW1/4 — Appointment Letter: The appointment letter of
    the accused as Sales Executive of the complainant company is
    exhibited as Ex. CW1/4 (OSR). The accused himself admitted
    this document in his Section 313 Cr.P.C. statement: “I admit my
    appointment letter which is Ex.CW1/4.” This establishes beyond
    doubt the employment relationship and the fiduciary duties
    imposed upon the accused.

    ii. Exhibit CW1/5 — The Admission Letter dated 07.07.2019 —
    The Cornerstone

    (a) This is the document upon which this judgment, and the entire
    prosecution case, substantially rests. It deserves the most
    careful attention.

    (b) Ex. CW1/5 is a letter dated 07.07.2019 — exactly a day before
    the cheque in the present case (dated 08.07.2019) was issued.

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    In this letter, written in the handwriting of the accused, signed
    before witnesses, the accused admitted that:

    ï‚· He had committed a fraud upon the complainant company;

    ï‚· He was liable to pay the amount specified therein;

    (c) The juridical status of Ex. CW1/5: Five distinct legal
    propositions converge to establish the unimpeachable status
    of this document:

    ï‚· Produced in original: The document was produced in
    original (OSR) before the court. There is therefore no
    question of it being a copy or fabrication.

    ï‚· No objection to exhibition: When Ex. CW1/5 was tendered
    in evidence and exhibited by CW-1 on 03.08.2023, the
    defence raised no objection to its exhibition. A document
    produced in original before a court and exhibited without
    any objection is proved both as to its existence and its
    contents.

    ï‚· No challenge in cross-examination: The entire cross-
    examination of CW-1 — spanning three dates (03.08.2023,
    16.09.2023, and 19.07.2024) and running to several pages
    of court record — does not contain a single question,
    suggestion, or challenge relating to Ex. CW1/5. This
    silence is thunderous. Under the Rule in Browne v. Dunn
    (1893) 6 R 67 (HL), as applied consistently by Indian
    courts including in State (NCT of Delhi) v. Mukesh, (2017)
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    6 SCC 1, and Rajendra Singh v. State of U.P., (2011) 15
    SCC 312, a party who intends to contradict a witness or
    challenge the genuineness of a document put in evidence
    by that witness must put that challenge to the witness in
    cross-examination. The failure to do so is equivalent to an
    acceptance of the document and its contents. The accused’s
    failure to suggest to CW-1 that Ex. CW1/5 was obtained
    by coercion is thus a binding concession that no such
    coercion occurred.

    ï‚· Coercion plea — first raised in Section 313 Cr.P.C.
    statement: The accused raised the plea of coercion in
    relation to Ex. CW1/5 for the first and only time in his
    Section 313 Cr.P.C. statement recorded on 18.09.2024 —
    that is, after the entire evidence had been recorded, after
    the cross-examination had concluded, and after the
    prosecution had been irreversibly deprived of any
    opportunity to address, challenge, or rebut this specific
    claim. A plea of coercion that surfaces for the first time in
    a Section 313 Cr.P.C. statement, with no antecedent
    suggestion to the prosecution witness, no complaint filed,
    no FIR lodged, and no contemporaneous correspondence,
    is entitled to no weight. Section 313 Cr.P.C. provides an
    opportunity to the accused to explain circumstances that
    appear against him — not to introduce new theories of
    defence that were never put to the prosecution witnesses.

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    ï‚· Accused never entered the witness box: Not only did the
    accused fail to challenge the coercion claim during cross-
    examination of CW-1, he also never chose to enter the
    witness box and state on oath that the document was signed
    under coercion. A plea of coercion in respect of a signed
    document — with the seriousness of the allegation
    (detention till midnight, forced signatures on blank papers)

    — is not a plea that can survive without being sworn to.
    The accused, by declining to enter the witness box despite
    a specific invitation to do so (Q2 of the Section 313
    statement, to which he answered “No”), effectively chose
    not to testify to the very facts upon which his entire
    defence rested. An unsworn assertion in a Section 313
    statement, without corroboration of any kind, without any
    complaint, without any evidence of detention, is entitled to
    no evidentiary weight.

    iii. Exhibit CW1/6 — The Original Cheque: The original cheque

    bearing No. 000033, dated 08.07.2019, for Rs. 93,273/-, drawn
    on Kotak Mahindra Bank, Karol Bagh, New Delhi, stands
    exhibited as Ex. CW1/6. The accused admitted the genuineness
    and correctness of the cheque in his Section 294 Cr.P.C.
    statement. He further admitted in his Section 313 Cr.P.C.
    statement: “The cheque in question belongs to me and bears my
    signature.” The execution of the cheque is thus not in dispute.
    Upon this admission, the presumptions under Sections 118(a) and
    139 NI Act operate with full force.

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    iv. Exhibit CW1/7 — Bank Return Memo: The bank return memo,
    endorsing the reason for dishonour as “Payment stopped by
    drawer,” is exhibited as Ex. CW1/7. The accused admitted its
    genuineness at the Section 294 Cr.P.C. stage. The fact and reason
    of dishonour are thus admitted.

    v. Exhibits CW1/9 and CW1/10 — Demand Notice and Service:

    The legal demand notice (Ex. CW1/9 (Colly)) was issued and
    served upon the accused. The postal and courier receipts are Ex.
    CW1/10 (Colly). The tracking report (Mark CW1/11) confirms
    service. In his Section 251 Cr.P.C. statement as well as in his
    Section 313 Cr.P.C. statement, the accused admitted: “I did not
    receive the legal demand notice, however, my address mentioned
    therein is correct.” Upon this admission of the correctness of the
    address, the presumption of due service under Section 114 of the
    Indian Evidence Act (Section 117 BSA) and Section 27 of the
    General Clauses Act operates automatically. The Ld. Trial Court
    correctly invoked this presumption, relying upon C.C. Alavi Haji
    v. Palapetty Muhammed
    , (2007) 6 SCC 555.

    vi. The Evidence of CW-1 on the Fraud and the 17 Cheques: CW-1,
    Sh. Bajrang Singh Shekhawat, testified about the nature of the
    fraud, the admission by the accused, the issuance of 17 cheques,
    and the subsequent dishonour. His evidence was tested in cross-
    examination over three dates. While the defence succeeded in
    eliciting certain admissions — particularly regarding the non-
    production of invoices and GST records — the central narrative
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    of the fraud, the admission letter, and the dishonoured cheques
    remained unchallenged and unshaken.

    B) The Defence Case

    The defence of the accused rests on four principal pillars. This Court
    examines each in turn.

    i. Point One: The Blank Signed Security Cheque Theory: The

    accused’s primary defence, articulated consistently from the
    Section 251 notice stage through the Section 313 statement, is
    that all 17 cheques — including the cheque from his wife’s
    account — were blank signed security cheques given at the
    inception of the employment relationship. This defence is
    demolished by the following reasoning:

    (a) First, the theory is commercially implausible. An employer
    does not, in the ordinary course of any FMCG distribution
    business, demand 17 advance security cheques from a newly
    appointed Sales Executive drawing Rs. 14,559/- per month —

    cheques drawn not only from the employee’s own accounts
    but also from the account of his wife. No rational business
    practice supports this claim. The accused’s account, if true,
    would make his employer extraordinarily unusual in the
    landscape of commercial employment.

    (b) Second, the theory is chronologically impossible. Security
    cheques are given before any liability arises — as a
    prospective guarantee. Here, the cheques were given after the
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    fraud was already discovered (the DD/complaint to PS
    Dwarka was filed on 11.07.2019; Ex. CW1/5 is dated
    07.07.2019). The accused’s own admission letter Ex. CW1/5,
    dated 07.07.2019, establishes that the cheques were issued
    after he admitted the fraud and as instruments for discharging
    that specific, known, admitted liability. You cannot give a
    security cheque in discharge of a liability that has already been
    admitted in writing. The very concept of a security cheque
    presupposes a future, contingent liability, not a past and
    admitted one.

    (c) Third, the specific amounts destroy the theory. If 17 cheques
    were blank security cheques, their amounts would be
    indeterminate at the time of signing. Yet each of the 17
    cheques bears a specific amount — a different amount,
    corresponding to a different component of the overall liability
    as acknowledged in Ex. CW1/5. The specificity of amounts,
    across 17 cheques, is perfectly consistent with the
    complainant’s case (that the cheques were issued in discharge
    of specific heads of liability) and utterly inconsistent with the
    defence theory (that they were blank cheques filled later at the
    complainant’s discretion).

    (d) Fourth, the accused never complained about misuse. If the
    accused genuinely believed that blank signed cheques had
    been misused — that his employer had filled in amounts
    without authority — the natural, expected, and indeed
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    imperative response would be to file a complaint with the
    police, approach a magistrate, or at the very least write a letter
    of protest. The accused did none of these things. He filed no
    complaint. He wrote no letter. He made no protest. This total
    silence over an extended period is wholly inconsistent with
    the conduct of a person who has been defrauded, and wholly
    consistent with the conduct of a person who knows that the
    cheques were given for a legitimate purpose — the discharge
    of an admitted liability.

    ii. Point Two: The Coercion Plea Regarding Ex. CW1/5: The

    accused claims that Ex. CW1/5 — the admission letter — was
    written under coercion, with him being kept in the office till
    midnight and made to sign blank papers. This plea fails on every
    conceivable ground:

    (a) First, it was never put to CW-1. As this Court has already
    noted at length, the entire cross-examination of CW-1 over
    three dates is entirely silent on any suggestion of coercion in
    relation to Ex. CW1/5. This is not a minor omission. It is a
    deliberate strategic choice that must be held against the
    accused under the Rule in Browne v. Dunn.

    (b) Second, it surfaces only in the Section 313 statement. The plea
    first appears on 18.09.2024 — after the evidence is closed,
    after CW-1 has been examined and cross-examined over three
    dates, and when no further evidentiary inquiry is possible. The
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    timing of this plea reveals its true character: it is a litigation
    afterthought, not a genuine claim of fact.

    (c) Third, it is never sworn to. Despite specifically being asked
    whether he wishes to lead defence evidence (Q2 of Section

    313), the accused answered: “No.” He declined to enter the
    witness box and depose on oath about the coercion. He
    declined to summon even a single witness to corroborate the
    claim. A plea of coercion, never sworn to, never corroborated,
    never even put to the prosecution witness, and raised for the
    first time after the evidence is closed, is entitled to be rejected
    as an afterthought.

    (d) Fourth, no complaint was ever filed. The accused claims he
    was kept in the office till midnight. If true, this would
    constitute criminal intimidation, wrongful confinement, or
    extortion. Yet the accused never filed a police complaint about
    this incident. He never approached a magistrate. He never
    even mentioned it in his Section 251 Cr.P.C. statement of
    23.01.2023 — which was his first formal articulation of his
    defence. The coercion plea, if it had any truth to it, would have
    been the centrepiece of his defence from day one. Instead, it
    appears — fully formed, suddenly and conveniently — only
    in the Section 313 statement.

    (e) Fifth, the document was produced and exhibited without
    objection. Even if the coercion plea had merit, the failure to
    object to the exhibition of Ex. CW1/5 — when it was
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    produced in original before the court and marked as an exhibit

    — operates as a binding procedural concession. An objection
    to the exhibition of a document is the appropriate procedural
    vehicle for challenging its authenticity or the circumstances
    of its execution. The defence chose not to exercise this right.

    iii. Point Three: The Attack on Invoices and GST Records

    (a) The defence invested enormous effort in establishing that the
    complainant failed to produce invoices, orders, delivery
    challans, or GST records to prove the underlying transaction.
    The admissions elicited from CW-1 in cross-examination on
    all three dates — that no invoice was placed on record, that
    the specific invoice against the cheque could not be
    immediately identified, that GST records could not be
    produced on account of office relocation — were pressed
    vigorously by the defence.

    (b) This attack, however, is directed at the wrong target. The
    requirement to prove the underlying debt or liability through
    invoices and business records arises in a case where the
    complainant relies solely on the commercial transaction to
    establish the existence of the debt. In such a case, the absence
    of documentary evidence of the underlying transaction is a
    legitimate weapon in the defence armoury.

    (c) But this is emphatically not such a case. In this case, the debt
    is not proved through invoices. The debt is proved through the
    accused’s own admission in Ex. CW1/5. He admitted the
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    fraud. He admitted the liability. He admitted the amount. He
    issued cheques to discharge that admitted liability. No invoice
    is needed to prove what the debtor himself has admitted. Ex.
    CW1/5 is a standalone admission, independent of any invoice
    chain, and it makes the absence of invoices legally irrelevant.
    The Hon’ble Supreme Court has consistently held that an
    admission by the accused himself of the debt is the highest
    form of proof, not requiring corroboration: see Rangappa v.
    Sri Mohan
    , (2010) 11 SCC 441.

    (d) The defence strategy — formidable in its execution, persistent
    in its pursuit — ultimately amounts to this: because the
    complainant cannot produce invoices, the cheques must have
    been blank security cheques. But this syllogism breaks down
    completely when Ex. CW1/5 is placed alongside it. The
    accused’s own hand has already told us why the cheques were
    given. No invoice can add to or subtract from what the
    accused himself wrote.

    iv. Point Four: The Honda Activa Scooter

    (a) The accused repeatedly raised, and the defence counsel
    pressed home in cross-examination, the fact that the accused’s
    Honda Activa scooter (DL-6SAU-6094, Majestic brown
    colour) is in the custody of the complainant company at its
    Uttam Nagar Branch. CW-1, in his cross-examination on
    16.09.2023, admitted: “The Activa two-wheeler
    (DL-6SAU-6094 Majestic brown colour) owned by the
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    accused was left by him in the premises of the complainant
    company and is still parked there. (Vol. Accused never came
    to take back his vehicle.)” In the final round of cross-
    examination on 19.07.2024, CW-1 again confirmed: “It is
    correct that the scooty (Honda Activa) of the accused is
    lying within the complainant’s custody at Uttam Nagar
    Branch. (Vol. The accused has never come to take over the
    possession of the said vehicle.)”

    (b) The defence advances this fact as evidence of two things: first,
    that the complainant wrongfully retained the scooter as
    leverage against the accused; and second, that the accused was
    effectively trapped or threatened, which explains the signing
    of Ex. CW1/5 and the issuance of the cheques.

    (c) This argument fails on multiple fronts:

    ï‚· First, the scooter’s retention is legally irrelevant. A Section
    138
    NI Act case turns on four established facts —

    execution of the cheque, dishonour, demand notice, and
    failure to pay. None of these four facts is displaced,
    qualified, or negated by the retention of a scooter. The
    jurisdiction of the court in a cheque dishonour case is
    limited to examining these four facts and the presumptions
    arising therefrom. It is not a forum for adjudicating
    competing grievances between employer and employee
    about motor vehicles.

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    ï‚· Second, the scooter’s abandonment actually corroborates
    the prosecution case. The accused claims he left because
    he was threatened and trapped. Yet a man who truly felt
    trapped and wronged would, at the very first opportunity,
    reclaim his property, file a complaint, and fight back. What
    did the accused do? He left his scooter behind. He never
    came back for it. He never wrote a letter demanding its
    return. He never filed a police complaint about its
    wrongful retention. The abandonment of the scooter —
    like the failure to complain about the coercion, like the
    silence for years — is the conduct of a man who knows
    that the ground beneath him is the ground of guilt, and who
    therefore does not dare to draw attention to himself by
    asserting rights that would invite further scrutiny.

    ï‚· Third, no legal nexus between the scooter and the cheques.
    Even assuming, for the sake of argument, that the
    complainant wrongfully retained the scooter — which
    CW-1 specifically denied — the accused’s remedy lay in a
    civil suit or a criminal complaint. The retention of a scooter
    does not — legally, equitably, or morally — entitle or
    compel the accused to issue 17 dishonoured cheques.
    These are entirely separate transactions. The law does not
    permit self-help or self-set-off in this form. The accused
    cannot say: “You kept my scooter, therefore I need not pay
    the 17 cheques.” That is not a defence known to law.

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    C) The Standard of Proof and its Satisfaction

    i. Once the execution of the cheque is admitted, the presumptions
    under Sections 118(a) and 139 NI Act arise mandatorily. It is trite
    that these are rebuttable presumptions, but their rebuttal requires
    the accused to prove, on a preponderance of probabilities, the
    existence of a probable defence. The standard is not beyond
    reasonable doubt — it is the civil standard — but it still requires
    evidence, not mere assertion.

    ii. The Hon’ble Supreme Court has laid down the standard with
    precision. In Rangappa v. Sri Mohan, (2010) 11 SCC 441, it
    was held that the accused must raise a probable defence — either
    through the evidence of the complainant or through independent
    evidence — sufficient to create a doubt in the mind of the court.

    In Sampelly Satyanarayana Rao v. Indian Renewable Energy
    Development Agency Ltd.
    , (2016) 10 SCC 458, the Court
    explained that the accused’s denial and the mere raising of a plea,
    without any supporting evidence, is insufficient to rebut the
    statutory presumption.
    In Sunil Todi v. State of Gujarat, (2021)
    SCC OnLine SC 1174, and Sripati Singh v. State of Jharkhand,
    (2021) SCC OnLine SC 1002, the Court reiterated that a bald
    assertion of “security cheque” without corroborative evidence
    does not discharge the onus on the accused.

    iii. Applying this standard to the present case, the accused has
    produced:

    (a) No defence witnesses.

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    (b) No defence documents.

    (c) No complaint or FIR about coercion.

    (d) No correspondence protesting the opening of accounts or
    misuse of cheques. No steps taken to recover the scooter.

    (e) No challenge to Ex. CW1/5 in the cross-examination of
    CW-1.

    iv. Against this absolute evidential void, the prosecution has
    produced:

    (a) The admitted execution of the cheque.

    (b) The admitted dishonour of the cheque.

    (c) The service of the demand notice (address admitted to be
    correct).

    (d) The exhibited and unchallenged admission letter Ex. CW1/5

    — the accused’s own confession of fraud and liability.

    (e) The admitted appointment letter Ex. CW1/4 establishing the
    employment relationship.

    (f) The oral testimony of CW-1, Sh. Bajrang Singh Shekhawat,
    which remained unshaken on all material points, particularly
    Ex CW-1/5.

    v. The scales are not merely tilted against the accused. They are
    weighted with the anchor of his own handwriting in Ex. CW1/5.

    8.3. The Specific Grounds Of Appeal — Dealt With Seriatim
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    A) The impugned judgment is based on conjecture and surmise: This
    ground is rejected. The Ld. Trial Court’s findings are based squarely
    on admitted facts (the cheque, the dishonour, the address on the
    notice), exhibited documents (Ex. CW1/5), and the failure of the
    accused to rebut the statutory presumptions. There is no conjecture.
    The conclusion flows inevitably from the evidence.

    B) The trial court failed to appreciate facts and submissions: This
    ground is rejected. The trial court’s judgment at paras 30-33
    demonstrates a careful appreciation of the evidence, including
    specifically addressing the defence of security cheque and the claim
    regarding Ex. CW1/5.

    C) Contradictions in the AR’s evidence — record maintenance

    i. The defence points to an alleged contradiction between the AR’s
    statement on 03.08.2023 (“We maintain the records of our
    salesman”) and his admission on 16.09.2023 (“There is no
    register/record maintained by the complainant company for the
    goods delivered on day to day basis”).

    ii. This is not a material contradiction. CW-1 explained that while
    individual records of each salesman and the amounts collected by
    them were maintained (in ledgers), no day-to-day physical
    delivery register for goods dispatched by each salesman was
    maintained. These are not inconsistent positions — one relates to
    financial account records, the other to physical delivery logs.
    More fundamentally, as already discussed, the absence of
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    delivery records is legally irrelevant in the face of Ex. CW1/5.
    This ground is rejected.

    D) No action against other alleged co-conspirators: The fact that the
    accused’s co-conspirators — Ms. Megha, Mr. Rajeev Saini, Mr. Anil
    Goel, Mr. Chintu Giri — have not been prosecuted does not
    constitute a defence for the accused. The prosecution of one accused
    is not contingent upon the prosecution of all. The question before
    this Court is whether the evidence against Sh. Parveen establishes
    his guilt. It does, overwhelmingly. The fate of others who may have
    escaped prosecution is irrelevant. This ground is rejected.

    E) Payment is made after delivery; how could amounts be filled in 17
    cheques? : The argument is that since payment was made after
    delivery, and since 17 deliveries were allegedly unpaid, one would
    expect the complainant to have stopped credit after the first default.
    This argument actually destroys itself: the very fact that 17 cheques
    are involved shows that the complainant was being systematically
    deceived by being given cheques bearing customer stamps on their
    reverse, making it appear that the payments were being made by
    customers. The complainant had no reason to stop credit as long as
    the cheques appeared to come from customers. The mechanism of
    the fraud — as explained in the complaint and in the evidence of
    CW-1 — precisely accounts for why 17 transactions were completed
    before the fraud was discovered. This ground is rejected.

    F) The complainant has not proved his case beyond reasonable doubt:

    As discussed exhaustively above, the prosecution has proved all
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    essential ingredients of Section 138 NI Act beyond reasonable
    doubt. The statutory presumptions operate upon the admission of
    signatures on the cheque and have not been rebutted. This ground is
    rejected.

    G) The accused did his job dedicatedly; the company hatched a

    conspiracy; all passbooks and cheque books were in the company’s
    custody: The claim that the accused surrendered all his passbooks
    and cheque books to the company — and that the company opened
    five accounts in his name and his wife’s name — is a claim made
    only in the appeal memorandum and in the Section 313 statement. It
    was never suggested to CW-1 in cross-examination with any
    specificity. CW-1 specifically denied it: “It is wrong to suggest that
    when the accused was kept on employment, the complainant
    company had got a separate account opened in the name of the
    accused and has taken cheques drawn on the same account with the
    promise that when the accused will leave the employment, the
    cheques will be returned back to him.” Moreover, the claim that an
    FMCG distribution company would open four separate bank
    accounts in the name of a Sales Executive and one in the name of
    his wife, obtain signed cheque books, and then fraudulently use them

    — all without any complaint from the accused — defies belief. This
    ground is rejected.

    H) Complainant failed to take action against traders whose stamps were

    affixed: The failure to take action against the traders (whose stamps
    were forged) is not a defence available to the person who forged the
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    stamps. The accused was the one who affixed the fake customer
    stamps on the invoices and on the reverse of the cheques. The failure
    of the complainant to pursue those customers separately does not
    assist the accused. This ground is rejected.

    I) No documentary evidence of fraud or cheque filling: As established

    in detail above, the documentary evidence of the fraud is Ex. CW1/5

    — the accused’s own signed admission, produced in original,
    exhibited without objection, and unchallenged in cross-examination.
    This ground is rejected.

    J) Violation of Section 269SS of the Income Tax Act: This ground,

    relating to cash transactions above Rs. 20,000/-, has no application
    to cheque transactions. Section 269SS IT Act applies to taking or
    accepting loans or deposits in cash. The present case involves
    cheques — negotiable instruments — and Section 269SS has no
    bearing whatsoever on the issuance of cheques. This ground is
    rejected as misconceived.

    K) Amounts in 17 cheques are suspicious; complainant failed to

    produce Sales Tax records: As established above, the specific
    amounts in the cheques are actually corroborated by Ex. CW1/5 —
    they correspond to the admitted liability. The failure to produce Sales
    Tax records is irrelevant in the face of the accused’s own admission.
    This ground is rejected.

    L) The trial court should have taken a lenient view: This ground goes

    to sentence, not conviction. The conviction having been upheld for
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    the reasons stated above, this ground requires no separate
    adjudication at the conviction stage. This ground is rejected.

    M) General grounds — judgment ignores submissions; overlooked

    blank signed cheque books; legal infirmity; irreparable loss: These
    are omnibus grounds that add nothing specific to the analysis. They
    have been addressed in the course of the detailed examination above.
    All such grounds are rejected.

    8.4. Finding On Conviction — Unassailable And Confirmed

    A) Having marshalled and examined all the evidence in this case —
    prosecution and defence — this Court arrives at the following
    categorical findings:

    i. The accused Sh. Parveen was a Sales Executive of the
    complainant company from 06.10.2018. This is admitted.

    ii. He drew cheque No. 000033 dated 08.07.2019 for Rs. 93,273/-
    on Kotak Mahindra Bank (Ex. CW1/6). This is admitted.

    iii. The cheque was presented and dishonoured on 25.06.2019 for
    “Payment stopped by drawer” (Ex. CW1/7). This is admitted.

    iv. The legal demand notice was issued and served, the accused’s
    address being admitted to be correct. Presumption of service
    operates under Section 114 of the Indian Evidence Act and
    Section 27 of the General Clauses Act, as held in C.C. Alavi Haji
    v. Palapetty Muhammed
    , (2007) 6 SCC 555.

    v. No payment was made within the statutory period of fifteen days.

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    vi. Upon admission of signatures, the mandatory presumptions
    under Sections 118(a) and 139 NI Act stood triggered, as held in
    Bir Singh v. Mukesh Kumar, (2019) 4 SCC 197.

    vii. Exhibit CW1/5 — the admission letter dated 07.07.2019,
    produced in original, exhibited without objection, unchallenged
    in cross-examination, and never sworn to by the accused to have
    been signed under coercion — establishes affirmatively and
    conclusively that the cheque was issued in discharge of a legally
    enforceable debt and liability, namely the liability arising from
    the accused’s own admitted fraud of Rs. 23,64,091/-.

    viii. The defence of “blank signed security cheque” is demolished
    by the chronology of events, the specific amounts on the cheques,
    the existence of Ex. CW1/5, and the accused’s total failure to take
    any action consistent with the conduct of a person whose blank
    cheques were misused.

    ix. The defence of “coercion in signing Ex. CW1/5” is demolished
    by its first-time appearance in the Section 313 statement, the
    complete absence of any challenge to CW-1 in cross-
    examination, the failure to file any complaint, and the accused’s
    refusal to enter the witness box to swear to this claim.

    x. The accused has utterly and completely failed to rebut the
    statutory presumptions even on the lower standard of
    preponderance of probabilities, as required by Sampelly
    Satyanarayana Rao, (2016) 10 SCC 458 and Sunil Todi v. State
    of Gujarat, (2021) SCC OnLine SC 1174.

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    B) The finding of the Ld. Trial Court that “the accused has failed to
    rebut the mandatory presumptions as per law and tilt the scales in
    his favour, even on a scale of preponderance of probabilities, while
    the complainant has clearly succeeded in proving his case beyond
    reasonable doubt” is not only correct — it is the only conclusion that
    the evidence permits.

    C) The conviction of Sh. Parveen under Section 138 of the Negotiable
    Instruments Act, 1881, as recorded vide judgment dated 18.12.2024,
    is CONFIRMED AND UPHELD.

    8.5. Order On Sentence — Confirmed (Subject To Modification On In-
    Default Imprisonment)

    A) The Ld. Trial Court, vide order on sentence dated 22.01.2025,
    imposed a fine of Rs. 1,20,000/- as compensation within 90 days
    under Section 357(3) Cr.P.C., with default imprisonment of 04
    months. No substantive sentence of imprisonment was imposed. The
    convict’s counsel submitted at the sentencing stage that the accused
    suffers from poor economic condition, that his old parents, wife, and
    two minor children are dependent upon him, and that he is the sole
    breadwinner of the family. The complainant’s counsel urged
    maximum imprisonment and maximum fine.

    B) The maximum sentence prescribed under Section 138 NI Act (as
    amended) is imprisonment for a term which may extend to two
    years, or fine which may extend to twice the amount of the cheque,
    or both. The imposition of only a fine (compensation) without
    substantive imprisonment is a sentencing option expressly available
    DLND010015572025 Page 50 of 53
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    PRAVEEN VS. M/S AMAZON DISTRIBUTORS (P) LTD.

    to the trial court, and the exercise of this discretion in favour of
    compensation — particularly given the primacy of the compensatory
    and restitutive object of Section 138 NI Act — cannot be said to be
    perverse. As the Hon’ble Supreme Court held in R. Vijayan v. Baby,
    (2012) 1 SCC 260, and reiterated in P. Mohanraj v. Shah Brothers
    Ispat Pvt. Ltd.
    , (2021) 6 SCC 258, the purpose of Section 138 NI Act
    is primarily to compensate the victim, and an order of compensation
    is consistent with this object.

    C) The compensation awarded in the present case, in respect of a

    cheque amount, is not disproportionate. The order on sentence dated
    22.01.2025 is confirmed and upheld, subject to the modification
    regarding the concurrency of in-default imprisonments as directed
    in paragraph 8 above.

    8.6. CONCLUSIONS AND OPERATIVE DIRECTIONS

    A) On the Applications for Condonation of Delay: The applications for

    condonation of delay in both appeals are ALLOWED. The delay in
    both appeals is condoned.

    B) On the Complainant’s Appeal (Criminal Appeal No. 110/2025 —

    Amazon Distributors Pvt. Ltd. vs. Parveen):

    i. The appeal is NOT MAINTAINABLE to the extent it seeks
    enhancement of substantive sentence or imposition of rigorous
    imprisonment, as the right of the victim-complainant under the
    proviso to Section 372 Cr.P.C./Section 413 BNSS does not
    extend to challenging the adequacy of punishment. The appeal is
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    maintainable only to the extent it challenges the adequacy of
    compensation.

    ii. On the merits of compensation, this Court finds no ground to
    interfere with the award of compensation. The complainant’s
    appeal is dismissed.

    C) On the Accused’s Appeal (Criminal Appeal No. 486/2025 —

    Parveen vs. Amazon Distributors Pvt. Ltd.):

    i. The conviction of Sh. Parveen under Section 138 of the
    Negotiable Instruments Act, 1881, as recorded vide the judgment
    dated 18.12.2024 by Ms. Poonam Singh, Ld. JMFC NI Act-01,
    PHC, New Delhi, in Complaint Case No. 12898/2019 (and all 15
    connected cases), is CONFIRMED AND UPHELD.

    ii. The order on sentence dated 22.01.2025 is CONFIRMED AND
    UPHELD, subject to the specific modification at Directive D
    below.

    iii. The accused’s appeal is dismissed on merits.

    D) Modification of the In-Default Imprisonment Direction:

    i. The direction in the order on sentence dated 22.01.2025 that “the
    default imprisonment shall run concurrently in CC Nos.
    7589/2019, 12769/2019, 12770/2019, 12898/2019, 12899/2019,
    12917/2019, 12918/2019, 12919/2019, 13119/2019,
    13120/2019, 13121/2019, 13122/2019, 13123/2019,
    13124/2019, 14643/2019, and 14644/2019” is hereby SET
    ASIDE AND MODIFIED.

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    ii. The in-default imprisonment of 04 months in each of the
    aforesaid cases shall run CONSECUTIVELY and not
    concurrently. Each in-default imprisonment is the enforcement
    consequence of non-payment of the specific fine so imposed in
    its respective case, and the satisfaction of the default
    imprisonment in one case shall not be deemed to satisfy the in-
    default imprisonment in any other case.

    E) Payment Direction: The accused Sh. Parveen shall pay the

    fine/compensation to the complainant M/s. Amazon Distributors
    Pvt. Ltd. within 90 days from the date of this judgment. In default of
    payment in any case, the accused shall undergo simple imprisonment
    for 04 months in that case, such in-default imprisonment to run
    consecutively across all cases as directed above. In case of non-

    payment, the fine shall also be recoverable under Section 421 Cr.P.C.
    / Section 461 BNSS.

    F) Return of Record: The trial court record, be returned forthwith to the

    court of Ld. JMFC NI Act-01, PHC, New Delhi.

    G) Both Criminal Appeal No. 110/2025 (Amazon Distributors Pvt. Ltd.
    vs. Parveen) and Criminal Appeal No. 486/2025 (Parveen vs.
    Amazon Distributors Pvt. Ltd.) are disposed of in the above terms.

    H) Copy of this order be sent to Ld. JMFC (NI Act)-01, Patiala House
    Courts, New Delhi for information.

    I) Copy of this order be given dasti to the parties on charges.

    DLND010015572025 Page 53 of 53
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    J) File be consigned to Record Room.

                                                         SAURABH    Digitally signed
    Announced in the open Court                          PARTAP
                                                                    by SAURABH
                                                                    PARTAP SINGH
                                                                    LALER
    on 08th of June 2026                                 SINGH
                                                         LALER
                                                                    Date: 2026.06.08
                                                                    17:20:25 +0530
                                                     (Saurabh Partap Singh Laler)
                                                              ASJ-05 New Delhi
                                                            Patiala House Courts
                                                                Delhi/08.06.2026
     



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